Venue Participation Agreement

The Venue is and remains the sole seller of all alcohol beverages at its premises. The Venue holds its own retail liquor license, controls every transaction, and retains full authority and responsibility to verify identification, check age, and refuse or decline service to any patron in its sole discretion, consistent with Colorado Title 44 and the Venue’s normal policies. The Shortlist is not a party to any sale of alcohol.

Holders of a Shortlist pass receive a $10 credit redeemable in person at the Venue. The credit is redeemed as a form of tender (a payment method) applied against the Venue’s normal, full menu prices — exactly as a gift card would be. It is never a price reduction, discount, or below-cost sale. The Venue rings each sale at its standard menu price and records that full price, applying the $10 credit as partial payment.

The Venue absorbs the value of each redeemed credit as its own marketing expense, in exchange for the foot traffic, campaign exposure, and the opportunity to be voted the city’s best in its category. There is no reimbursement. No fees are charged in either direction, and no money flows between The Shortlist and the Venue in connection with the credits. The Shortlist collects money only from consumers for the pass itself.

The Shortlist is an independent marketing and media company. It has no ownership, management, operational, or other interest in the Venue or in the Venue’s liquor license, and it is not a liquor licensee. The Shortlist takes no title to and never possesses any alcohol, and is never the point-of-sale seller. The Shortlist acts solely as a marketer of the pass.

The credit is limited to one credit per pass-holder, per venue, per campaign. Credits are honored during the Campaign window (the campaign window), plus a reasonable wind-down period for unexpired credits. The Venue honors validly presented, unredeemed credits during that period on the same terms as any other tender.

The Venue’s obligation is limited to 200 redeemed credits per campaign. Once 200 credits have been redeemed at the Venue, The Shortlist pauses further credit redemptions at the Venue for the remainder of the Campaign. The Venue’s maximum credit exposure for the Campaign is therefore $2,000 in absorbed credit value.

The Venue may decline or refuse service in accordance with its normal policies and applicable law. The Venue may exclude specific items from credit redemption only to the limited extent necessary to avoid a sale at a price below the Venue’s invoice cost, consistent with Colorado’s unfair-trade-practices rules.

The Venue is solely responsible for all aspects of alcohol service and for compliance with all applicable laws, including Colorado Title 44 and dram-shop obligations, and shall maintain the insurance its operations require. Each party shall indemnify, defend, and hold harmless the other from claims arising out of its own acts or omissions; without limiting the foregoing, the Venue is responsible for all claims arising from its service of alcohol.

The individual accepting this Agreement represents and warrants that he or she is authorized to bind the Venue to these terms.

This Agreement is governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. The term of this Agreement is the Campaign window (the campaign window) plus a wind-down period during which any unexpired, validly issued credits remain honored.